Jacobs v. Sullivan et al

Filing 118

ORDER Granting Plaintiff's 114 Requests to Delay Trial Pending Resolution of Defendant Crotty's Bankruptcy Proceedings, and to be Provided with Status Reports; ORDER to Stay Case; ORDER for Defense Counsel to File Quarterly Status Reports Beginning on or About June 1, 2013, signed by Magistrate Judge Gary S. Austin on 04/24/2013.

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 1:05-cv-01625-LJO-GSA-PC GEORGE E. JACOBS IV, ORDER GRANTING PLAINTIFF’S REQUESTS TO DELAY TRIAL PENDING RESOLUTION OF DEFENDANT CROTTY’S BANKRUPTCY PROCEEDINGS, AND TO BE PROVIDED WITH STATUS REPORTS (Doc. 114.) Plaintiff, vs. W. J. SULLIVAN, et al., Defendants. 16 ORDER STAYING TRIAL 17 ORDER FOR DEFENSE COUNSEL TO FILE QUARTERLY STATUS REPORTS BEGINNING ON OR ABOUT JUNE 1, 2013 18 19 20 Plaintiff George E. Jacobs IV (APlaintiff@) is a state prisoner proceeding pro se and in 21 forma pauperis in this civil rights action filed pursuant to 42 U.S.C. ' 1983. This action now 22 proceeds on the Third Amended Complaint filed by Plaintiff on May 5, 2010, against 23 defendants Crotty, Nelson, Watson, Chan, McGregor, Alexander, Carrasco, Blankenship, Jobb, 24 Granillo, Johnson, and Salazar aka Adams, for violation of Plaintiff=s rights under the Eighth 25 Amendment. (Doc. 29.) 26 Defendant Crotty has filed bankruptcy, and on June 23, 2011, the Court stayed this 27 action as to defendant Crotty pursuant to 11 U.S.C. ' 362(a), pending resolution of the 28 bankruptcy proceedings. (Doc. 58.) On July 26, 2012, defense counsel notified the Court that 1 1 the bankruptcy proceedings are likely to continue for another year and a half. (Doc. 108.) 2 Therefore, on November 16, 2012, the Court entered an order for Plaintiff to file a response in 3 writing, advising the Court whether he wishes to (1) delay the trial in this action for a year or 4 more, until defendant Crotty=s bankruptcy is resolved and the automatic stay is lifted, or (2) 5 dismiss defendant Crotty from this action and proceed to trial now. (Doc. 113.) 6 On December 6, 2012, Plaintiff filed a response to the Court’s order, requesting to delay 7 the trial pending resolution of the bankruptcy proceedings. (Doc. 114.) Plaintiff also requested 8 to be provided with periodic status reports of defendant Crotty’s bankruptcy proceedings. 9 Good cause appearing, Plaintiff’s requests shall be granted. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. 12 reports, are GRANTED; 13 14 Plaintiff’s requests to delay the trial in this action, and to be provided with status 2. Trial in this action is STAYED, pending resolution of defendant Crotty’s bankruptcy proceedings and lifting of the automatic stay; and 15 3. Defense counsel is required to file a status report every three months, beginning 16 on or about June 1, 2013, informing the Court and Plaintiff of the status of defendant Crotty=s 17 bankruptcy proceedings. 18 19 20 21 IT IS SO ORDERED. Dated: 22 23 24 April 24, 2013 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 6i0kij8d 25 26 27 28 2

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